Section 36 Graduated retirement benefit.F1C1

Subject to the provisions of the Act, graduated retirement benefit shall be payable to any person who is over pensionable age and who F2is entitled to a retirement pension, and shall be an increase in the weekly rate of his retirement pension equal to F318.51 pence for each unit, ascertained in accordance with subsections (2) and (3) of this section, of the graduated contributions properly paid by him as an insured person, the result being rounded to the nearest whole penny, taking ½p as nearest to the next whole penny above.

For the purpose of graduated retirement benefit F4, a unit of graduated contributions shall be £7.50.

Where a person’s graduated contributions calculated at the said rate do not make an exact number of units any incomplete fraction of a unit shall, if it is one-half or more, be treated as a complete unit.

Where a person's entitlement to graduated retirement benefit is deferred—

shall have effect and both those Schedules shall be construed and have effect as if they were part of this subsection.

For the purposes of subsection (4), a person's entitlement to graduated retirement benefit is deferred—

and in relation to graduated retirement benefit, “period of deferment” shall be construed accordingly.

For the purposes of subsection (4) of this section, the Secretary of State may by regulations provide for treating all or any of the graduated contributions paid by a person in the tax year in which he attained pensionable age as having been paid before, or as having been paid after, the day on which he attained that age, whether or not the contribution in question was so paid.

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A person who F7attained pensionable age before 6 April 2016 and F8has claimed, but is not entitled to a retirement pension F9(except a person who is not so entitled because of an election under section 54(1) of the Social Security Contributions and Benefits Act 1992 or because he has withdrawn his claim), shall be treated for the purposes of the foregoing provisions of this section as receiving a retirement pension at a nominal weekly rate:

In this section and in section 37 below—

• “graduated contributions” means graduated contributions under the National Insurance Act 1965 or the M1National Insurance Act 1959;

• “insured person” means insured person under the National Insurance Act 1965 or the M2National Insurance Act 1946;

• “retirement pension” means retirement pension of any category F10under the Social Security Contributions and Benefits Act 1992;

• “the Act” means the M3Social Security Act 1975;

• F11“the 2005 Regulations” means the Social Security (Graduated Retirement Benefit) Regulations 2005,

and any reference in section 37 below to “section 36 of this Act” or to any of its subsections is a reference to that section or subsection as it is here set out.

This section and section 37 below and the Act shall be construed and have effect as if this section and section 37 below were included in Chapter I of Part II or that Act (contributory benefits); and references to that Chapter, that Part of that Act in any other enactment or in any instrument shall be construed accordingly:

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